APPLICATION /REQUE,`PE N° 8386/78 X . v/the UNITED KINGDO M X . c/ROYAUME-UN I DECISION of 9 October 1980 on the admissibility of the application DÉCISION du 9 octobre 1980 sur la recevabilité de la requêt e Article 6, paragraph 1, of the Convention : Examination by the Commission, on the basis of the transcript of the lrial, of the question whether an accused has been given a'fair tria!", where he has, through his own behaviour, pmvoked the withdrawal of his counsel and refused to conduct his own defence. Article 6, paragraph 3 (b) and (d), of the Convention : An accused who has declared that he is not prepared ta take any further pan in the proceedings, cannot complain about a violation of these provisions. Article 6, paragraph 3(c), of thé Conventlon : The right for an accused to be assisted by counse(, especial/v in a complex criminal trial, is an essential ingredient of a 'fair trial ". However he has to take the consequences of his own obstinate behaviour in demanding that his counsel acts in a manner inconsistant with his professiona l duty, which led the latter to withdraw from the case. The refusal by the trial judge to appoint a fresh counsel is in conformity with the interests of justice, if he offers the accused all necessary facilities for the preparation of his own defence. Artlcle 6, paragraphe 1, de la Convention : Sur la base du compte rendu d'audience, examen par la Commission du point de savoir si !'accusé a bénéficié d'un proeès équitable, alors qu'i/ a, par son comportement, provoqué le retrait de son avocat et a refusé de se défendre seul . Article 6, paragraphe 3, lilt . b) el.d), de la Convention : Ne peut se plaindre d'une violation de ces dispositions l'accusé qui a déclaré renoncer à prendre part à la procédure . - 126 - Article 6, paragraphe 3, litt . c), de la Conventlon : Le droit d'un accusé à étre assisté d'un défenseur, notamment dans une affaire complexe, est un élémen( essentiel d'un procès équitable. L'accusé suppo rte toutefois les conséquences de son obstination à exiger de son conseil un comportement contraire aux règles déontologiques, de telle sorte que ce conseil renonce à son mandat. Est conforme aux intéréts de la justice le refus du juge de désigner alors un autre avocat . en proposant à l'accusé toutes facilités pour qu'il assure seul sa défense . THE FACTS (Extract) (francais : noir p. 112) The applicant is a citizen of the United Kingdom, born in 1932, and at present detained in H .M. Prison B ., England. He is represented before the Commission by Masser & Eccleston, a firm of solicitors based in Nottingham . On . . . November 1976 the applicant was convicted on charges of theft, forgery and criminal deception and was sentenced to five years imprisonment . At his trial the prosecution alleged that the applicant, together with two co- defendants. was involved in a widespread fraud on the Post Office, the applicant being the forger who altered a number of Post Oftice Savings Books in order to niake it appear that certain accounts were thé subject of large credits . His co- deténdants, who pleaded guilty, were the users of the books which they presented u: the Post Office in order to make withdrawals . The prosecution's evidence against the applicant, who pleaded not guilty, consisted of a written statement and subsequent verbal admissions which the applicant made when he was being questioned by the police . In these statements the applicant was said to have provided details as to how the forgeries were carried out and what instruments he had used . On the first day of the trial counsel for the applicant, who was in receipt of legal aid, sought to challenge the statements made by the latter on the grounds that they were not made voluntarily and that the applicant, who is a heavy smoker, had been pressurised to make them by not being provided with cigarettes during his interrogation . The jury were asked to retire while the applicant's counsel sought to challenge the voluntariness of the statements. In the course of this procedure: known as the Voire dire, the applicant, who gave evidence, seemed to admit that certain of the statements he had made concerning details of the forgeries were true but alleged that he had been induced to make them_. At the end of the Voire dire the judge ruled that the various statements were all made voluntarily, so the jury returned and the trial proceeded . The next witness called was a police ofiicer whom counsel began to cros s examine on a line which the judge considered was contradicted by the previou s - 127- teslimony of the applicant in that he sought to challenge the Iruth of'statements concerning the forgeries which the applicant had previously admitted . The judge . in the absence of the jury, asked the shorthand writer to read out the admissions niade by the applicanl in the course of the Voire dire . Counsel sought to argue that Ihese admissions concerning details of how the forgeries took place, concerned previous offences for which the applicant had alreadv been convicted . The judge however pointed out that sonie of the statentents cor.cerned the two co-acc•used in the present Irial . As a result of this exchange, counsel for the applicant announced to the court ihat since his client did not want to change his plea he felt in an enibarrasing position to carry on with the defence and was thus nbligcd tn w'ilhdraw . The judge then explained to the applicant that, his counsel having wilhdrawn, he would have to conduct his defence hintself . He explained that he was prepared to give him every assistance he required and asked him if he wanted his solicilors In continue to represent hint and provide necessarv legal advice . The applicant refused this o1Ter and insisted on his right to be afforde